RUSH v. BUCYRUS-ERIE CO.

No. 12-81-0058-CV.

646 S.W.2d 298 (1983)

Deborah Ann RUSH, et al., Appellants, v. BUCYRUS-ERIE COMPANY, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied March 3, 1983.


Attorney(s) appearing for the Case

Lawrence J. Madigan, Moriarty & Madigan, Houston, for appellants.

Dana G. Kirk, Fulbright & Jaworski, Houston, for appellee.

Before SUMMERS, C.J., and McKAY and COLLEY, JJ.


McKAY, Justice.

This is an appeal from a take-nothing judgment in a suit by appellants for wrongful death upon the theories of product liability and negligence. Wesley Rush, husband of appellant Deborah Ann Rush and father of Melanie Marie Rush, was killed on October 1, 1975, by the boom of a crane falling upon him while he was in the process of removing headed boom splice pins to dismantle and disassemble the boom. The appellee, Bucyrus-Erie (Bucyrus), was the manufacturer...

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